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Balkinization
Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts Facebook’s responsibility
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Friday, December 18, 2020
Facebook’s responsibility
Guest Blogger
From the Workshop on “News and Information Disorder in the 2020 US Presidential Election.” Ethan Porter
People
do not come to believe in misinformation out of nowhere. First, they must be
exposed to the misinformation; then, they must not be exposed to a correction of the misinformation. Viewed in
this light, belief in misinformation is a later step in a long process that
implicates not only human psychology, but the architecture of online platforms.
These platforms, too, do not come from nothing. Their design reflects human
decision-making — decisions that can have profound effects on whether or not
people believe misinformation. Decisions
that Facebook has made about fact-checking illustrate how particular decisions
about platform design can facilitate belief in misinformation. Some of the
company’s less defensible choices in this area are well-known. Company leaders,
for example, have reportedly prevented misinformation
disseminated by political figures from being corrected. The company is aware
that its labeling of various posts by Trump
as false has proven ineffective, but it has done little to
curb misinformation spread by Trump and his allies. In the words of one top
executive, it is not the company’s role to “intervene when politicians speak.” Perhaps
these decisions would be defensible were fact-checks themselves ineffective. In
general, however, this is not the case. Across several articles and a book, Thomas J. Wood and I have
repeatedly found that factual corrections reduce belief in misinformation.
After seeing a fact-check, the typical person responds by becoming more
factually accurate than they would have been had they not seen the fact-check.
The accuracy gains caused by fact-checks are not limited to one side of the
aisle or another. Conservatives shown factual corrections of fellow
conservatives have become more factually accurate, and liberals have behaved
similarly. While there was earlier concern among researchers about the
potential for factual corrections to “backfire,” and cause people to become
more inaccurate, the updated consensus
among scholars finds the opposite: Backfire is, at best, vanishingly
rare. Insofar as they increase factual accuracy, and lead people away from
believing in misinformation, fact-checks work. Fact-checks
can work on Facebook, too, or at least on a simulation thereof. In a recent
paper, “Misinformation on the
Facebook News Feed,” Wood and I administered a fact-checking experiment on a
platform meticulously engineered to resemble the real Facebook. (Note: The platform was built in partnership with
the group Avaaz. Our partnership with Avaaz did not result in any financial
benefits for us, and we were free to report the results of the study as we saw
fit.) We recruited large, nationally representative samples via YouGov. Study
participants logged on to the platform and saw a news feed which randomly
displayed 0-5 fake news stories. Participants then saw a second news feed,
which contained a randomly assigned number of fact-checks of any of the fake
stories they might have seen. Just like on the real Facebook, participants
could choose what to read. They could have chosen not to read the
misinformation or the factual corrections. Or they could have read them and
been unaffected by them. Either behavior would have rendered the fact-checks
useless. Instead,
our evidence indicates that the fact-checks had considerable effects on factual
accuracy. We ran the experiment twice, making slight tweaks to the design of
the fake Facebook each time, so as to better resemble the real thing. To
measure effects on accuracy, we relied on a five-point scale, with questions
about the content of each fake item. Across both experiments, our results once
again demonstrated the ability of fact-checks to reduce belief in
misinformation. On average, when weighting for sample size, the mean
“correction effect” — the increase in factual accuracy attributable to
corrections — was 0.62 on our five-point scale. Meanwhile, the average
“misinformation effect” — the decrease in accuracy attributable to the
misinformation alone — was -0.13. On our simulated Facebook, fact-checks
decreased false beliefs by far larger amounts than misinformation, sans
corrections, increased them. The
version of Facebook used in these experiments was distinct from the real
Facebook in several ways. Most importantly for our purposes, it was distinct in
the way it showed users fact-checks. While the company’s current policy lets
fact-checks linger near the bottom of the news feed of users who posted
misinformation, and rarely confronts those who read, but did not post, the
misinformation with a fact-check, we made our fact-checks conspicuous for
subjects exposed to misinformation. They were also presented with the
fact-checks immediately after exposure to misinformation. If
it desired, Facebook could emulate this model. The company could ensure that
both posters and consumers of misinformation see fact-checks. It could make
such fact-checks impossible to ignore. If you saw misinformation, the next time
you logged on, you could see a fact-check at the very top of your news feed. Of
course, if Facebook followed this approach, there would often be a longer lag
time between exposure to misinformation and exposure to factual corrections
than there was in our study. Yet this would still represent a vast improvement
over the status quo. By not presenting fact-checks to users who were exposed to
misinformation, and by not compelling posters to see fact-checks, Facebook
ignores the problem that it has helped create. By
issuing fact-checks to all users exposed to misinformation, and doing so
expeditiously and conspicuously, the company could lead many people to greater
accuracy, and away from believing in misinformation. But the company has chosen
not to do so. It has made this choice in spite of considerable evidence
testifying to the effectiveness of fact-checks, some of which is outlined
above. Because of these choices, many more people will believe misinformation
than would otherwise. It
is easy to blame our friends and relatives for spreading mistruths and
believing false claims. To be sure, there is blame to go around. But some of
that blame belongs at the feet of Facebook and the particular design decisions
the company has made. Ethan Porter is an assistant professor at George Washington University, where he directs the Misinformation/Disinformation Lab at the Institute for Data, Democracy and Politics. Cross posted at the Knight Foundation
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Books by Balkinization Bloggers
Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020)
Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020)
Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020)
Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).
Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020)
Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020)
Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020)
Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019)
Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018)
Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018)
Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018)
Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014)
Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013)
John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013)
Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |